Lynde v. Budd
New York Court of Chancery
In April, 1818, J. Dearborn sold and conveyed to the defendant Budd, then being only 20 years of age, a lot of land in Homer, for the consideration of $600. At the same time Budd executed and delivered to Dearborn a bond and mortgage for the purchase money, one half thereof to be paid immediately, and the residue on the first of June, 1819, with interest.
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In April, 1818, J. Dearborn sold and conveyed to the defendant Budd, then being only 20 years of age, a lot of land in Homer, for the consideration of $600. At the same time Budd executed and delivered to Dearborn a bond and mortgage for the purchase money, one half thereof to be paid immediately, and the residue on the first of June, 1819, with interest. The deed and mortgage were both duly acknowledged and recorded, and $300 of the purchase money was, on the day of the acknowledgment, paid to Dearborn by Budd. Budd went immediately into possession of the premisses, and continued in…
1Opinion of the Court
The Chancellor.
The contract with the infant in this case was not void, but only voidable, at the election of the grantee when he became of age. He might then have relinquished the property to the grantor, and claimed back the money which had been paid at the time of the purchase. Willis v. Twambly, 13 Mass. R. 204.) But by continuing in possession after he became twenty one, and finally selling and conveying the land with warranty, he affirmed the contract. If an infant exchange lands, and after he becomes of age continues to occupy the lands taken in exchange, .he affirms the bargain and the…
2Cases cited2 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Willis v. TwamblyMassachusetts Supreme Judicial Court · 1816
3Cited by11 opinions
- Henry v. . RootNew York Court of Appeals · 1865
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Coutant v. ServossNew York Supreme Court · 1848
- Young v. McKeeMichigan Supreme Court · 1865
- Walsh v. . PowersNew York Court of Appeals · 1870
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